Agha v Alamo Rent A Car
Motion No: 2005-05178
Slip Opinion No: 2006 NYSlipOp 67032(U)
Decided on April 17, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M38496

O/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

MARK C. DILLON, JJ.

2005-05178

Mmduh Nassan Agha, appellant,

v Alamo Rent A Car, et al., respondents.

(Index No. 32580/03)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated April 6, 2005, inter alia, to strike the record on the ground that it does not contain the papers submitted to the Supreme Court, Kings County, in connection with the appellant's motion to renew and reargue which resulted in an order of the Supreme Court, Kings County, dated August 12, 2005, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as academic, as the respondents' brief was timely served and filed; and it is further,

ORDERED that the motion is otherwise denied.

We note that the material which the respondents seek to include in the record will be part of the record on the appeal from the order dated August 12, 2005, pending under Appellate Division Docket No. 2005-11267.

CRANE, J.P., GOLDSTEIN, LUCIANO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court